89R3595 EAS-D
By: Morales of Maverick H.B. No. 4718
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for assault for certain persons subject
to an emergency detention or commitment for mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.01, Penal Code, is amended by adding
Subsection (b-5) to read as follows:
(b-5) The increase in punishment provided by Subsection
(b)(1), (4), (5), or (9) does not apply if the offense is committed
by an actor:
(1) who is being apprehended or detained pursuant to
an order for emergency detention under Chapter 573, Health and
Safety Code; or
(2) for whom an application for court-ordered mental
health services is pending or who is currently committed to a
facility for inpatient mental health services under Chapter 574,
Health and Safety Code.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.